1 CGHC010227182026 2026:CGHC:30763 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5502 of 2026 Vivek @ Chhotu Verma S/o Ramesh Verma Aged About 32 Years R/o Ambedkar Chowk, Shyam Nagar, Tilda, Distt. Raipur, Chhattisgarh ...Applicant versus State Of Chhattisgarh Through Station House Officer, P.S. Khamhardih, Distt. Raipur, Chhattisgarh. ... Non-applicant For Applicant : Mr. Amit Kumar Sahu, Advocate. For Non-applicant/State : Mr. Shubham Bajpai, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 20.07.2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 137/2026, registered at Police Station – Khamhardih, District - Raipur, (C.G.) for the offence punishable under Sections 304, 317(2) & 3(5) of the BNS. 2. The case of prosecution in short is that, on April 29, 2026, the VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.07.21 11:18:42 +0530 2 complainant, Hemlata Vaidh, filed a Forensic Investigation Report (FIR) against an unknown person and stated that, on April 29, 2026, at 6:40 a.m., she was at her house when someone asked for directions to the Golchha Apartment. When she turned around, he snatched her gold chain from her neck and ran away. On this basis, the crime was registered by the police for offenses under Section 304, 317(2), 3(5) of the British National Security Code (BNS), and during the investigation, the applicant was arrested. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is contended that the FIR was initially registered against an unknown person, and during the Test Identification Parade, the complainant failed to identify the applicant, which prima facie demolishes the prosecution case against him. It is further submitted that no stolen property has been recovered from the possession of the applicant and that his implication rests solely on the memorandum statement, which by itself has limited evidentiary value. Learned counsel further submits that the allegations against the applicant are similar to those levelled against the co-accused, Prashant @ Santu, who has already been enlarged on regular bail by the learned trial Court, and therefore the applicant is entitled to bail on the ground of parity. It is also submitted that the applicant has no criminal antecedents and this is his first offence. The applicant is the sole breadwinner of his family and has been in judicial custody since 06.05.2026. The investigation has been completed, the charge-sheet has already been filed, and the offences are triable by the Judicial Magistrate; therefore, no further custodial 3 interrogation of the applicant is required. Learned counsel further submits that the applicant is a permanent resident of the address mentioned in the cause title and there is no likelihood of his absconding or tampering with the prosecution evidence. The applicant undertakes to cooperate with the trial, shall abide by all the terms and conditions that may be imposed by this Hon'ble Court, and is ready to furnish adequate bail bonds and sureties to the satisfaction of the trial Court. In these circumstances, it is prayed that the applicant be enlarged on regular bail. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has been filed in the present case. 5. I have heard learned counsel for the parties and perused the case- diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the allegations levelled against the present applicant, the fact that the charge-sheet has already been filed before the competent Court, that the applicant has no criminal antecedents, and that the applicant has been in judicial custody since 06.05.2026, coupled with the fact that the conclusion of the trial is likely to take some time, this Court is of the considered view that the applicant is entitled to be released on bail in the present case. 7. Let applicant, Vivek @ Chhotu Verma, involved in Crime No. 137/2026, registered at Police Station – Khamhardih, District - Raipur, (C.G.) for the offence punishable under Sections 304, 317(2) & 3(5) of the BNS, be released on bail on furnishing personal bond with two 4 local sureties in the like sum to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaibhav